No. 23-5976

Brian Heath Davis v. Randy Gibbs, Warden, et al.

Lower Court: Eighth Circuit
Docketed: 2023-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autopsy report, relies on the report to testify, but it is not admitted as evidence?

Question Presented (OCR Extract)

No question identified. : QUESTIONS PESENTED Akin to Justice Sotomayor’s Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autopsy report, relies on the report to testify, but it is not admitted as evidence? Does the reliance on found false information render the expert’s inability to determine cause and manner of death inadmissible as a basis for establishing guilt beyond a reasonable doubt?

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-29
Waiver of right of respondents Gibbs, Warden, et al. to respond filed.
2023-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2023)

Attorneys

Brian H. Davis
Brian Heath Davis — Petitioner
Brian Heath Davis — Petitioner
Gibbs, Warden, et al.
Darrel MullinsIowas Dept. of Justice, Respondent
Darrel MullinsIowas Dept. of Justice, Respondent